Spaulding v. Commissioner of Social Security, No. 1:2018cv00886 - Document 17 (S.D. Ohio 2020)

Court Description: DECISION AND ENTRY adopting Report and Recommendations re 14 Report and Recommendations. Signed by Judge Timothy S. Black on 9/30/2020. (rrs)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION KERRY T. SPAULDING, Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY, Defendant. : : : : : : : : : : Case No. 1:18-cv-886 Judge Timothy S. Black Magistrate Judge Stephanie K. Bowman DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 14) AND TERMINATING THIS CASE IN THIS COURT This case is before the Court pursuant to the Order of General Reference to United States Magistrate Judge Stephanie K. Bowman. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and, on February 7, 2020, docketed a Report and Recommendation, recommending that the Court affirm Defendant’s denial of Plaintiff’s disability claim. (Doc. 14). Plaintiff has objected (Doc. 15), and Defendant has responded (Doc. 16).1 As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all In his objections, Plaintiff argues that the ALJ erred in refusing to afford “controlling weight” to the opinion of Plaintiff’s treating physician, Dr. Pelnick. (See Doc. 15 at 1–4). Plaintiff’s objections are without merit. As thoroughly discussed in the Report and Recommendation, the ALJ provided good reasons for the amount of weight he afforded to Dr. Pelnick’s opinion, and those reasons are substantially supported by the evidence of record. (See Doc. 14 at 5–11). Plaintiff’s objections are overruled. 1 of the filings in this matter. Upon consideration of the foregoing, the Court finds that the Report and Recommendation should be and is hereby adopted in its entirety. Accordingly: 1. The Report and Recommendation (Doc. 14) is ADOPTED; 2. Defendant’s decision is AFFIRMED, as the decision is supported by substantial evidence; and 3. The Clerk shall enter judgment accordingly, whereupon this case is TERMINATED on the docket of this Court. IT IS SO ORDERED. Date: 9/30/2020 Timothy S. Black United States District Judge 2

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